Jersey votes to let terminally ill end their lives

Andrew Gregory writes in the Sunday Times:

Jersey is set to become the first part of the British Isles to legalise assisted dying after a citizens’ jury voted overwhelmingly in favour of changing the law.

There is growing evidence that elected politicians are enthusiastic to outsource controversial decisions to randomly selected citizens juries. Here’s the the article (by the Sunday Times’ Health Editor).

A panel of islanders said last week it was in favour of ending the ban on assisted dying after an independent inquiry heard months of expert evidence and personal testimony. The Sunday Times, backed by politicians from all parties, some senior doctors and religious leaders, is campaigning to legalise assisted dying across the UK.

Last week 78 per cent of the citizens’ jury — 18 of the 23 islanders who had been selected at random — said assisted dying should be legal. The jury called for terminally ill islanders to be able to seek help to end their life, subject to safeguards. Eight in ten Britons support having a right to assisted dying, polls suggest.

As a crown dependency, Jersey can legislate on assisted dying independently of Britain. The jury’s recommendations will be followed by a full report in September. Jersey’s Council of Ministers will then lodge a proposition asking the States Assembly, the island’s parliament, to agree that assisted dying be legalised.

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Mansbridge: Beyond Adversary Democracy

An interview with Jane Mansbridge in the Harvard Gazette.

GAZETTE: How might we get citizens who are so polarized to listen to one another?

MANSBRIDGE: One proven practice is the technique of citizens’ assemblies or deliberative polls. These are groups of citizens drawn randomly, through a democratic lottery, from a particular population. It could be an entire country, a state, a city, or even a neighborhood, from which you bring together a group of citizens to talk about an issue that is of concern to their community. For this technique to be successful, the group has to be random, meaning that you have to have good representation from everyone, not just the white retirees who don’t have much to do and would love to come to this sort of thing. To get a random group, you ought to able to pay the participants because you want to be able to get the poor, the less educated, and people who, for one reason or another, would not give up a weekend otherwise to come together with other citizens to deliberate about some major issue.

GAZETTE: Have you participated in a citizens’ assembly? What was it like?
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Why Proposers and Disposers need to be kept distinct: The Argumentative Theory of Reasoning

The ‘argumentative theory of reasoning’ (conceptualized by Dan Sperber and developed with the evolutionary psychologist Hugo Mercier) hypothesizes that reasoning serves two distinct survival-related functions: a) convincing people and b) evaluating the arguments of others – ‘thereby allowing communication to proceed even when trust is limited’ (Landemore, 2013, p. 126). The theory – developed as an evolutionarily-plausible alternative to the classical (Cartesian) model of reasoning as a way of updating and correcting one’s own beliefs – is based on the distinction between performing speech acts and evaluating the performative utterances of others:

According to this theory, individual reasoning works best when used to [a] produce and [b] evaluate arguments during a public deliberation. It predicts that when diverse opinions are discussed, group reasoning will outperform individual reasoning. (Mercier & Landemore, 2012, p. 243)

‘Exposing people to disagreement and debates increases their ability to entertain different opinions . . . either by witnessing a debate or by being part of one’ (ibid., p. 252). The important factor is not participation in speech acts so much as ‘the presence or expression of dissenting opinions in deliberative settings’ (ibid., p. 254, my emphasis). (Mercier & Sperber, 2017) also point out that as a species we are much better at evaluating reasons than producing them – I may not be able to see the beam in my own eye, but I can find the mote in yours. Laboratory studies indicate that we are better able to find the flaws in our own reasons when we believe those reasons to have been produced by someone else, thereby supporting the case for the division of labour between persuaders and evaluators, as it’s very hard to change one’s mind about one’s ‘own’ (i.e. indigenous) convictions.

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Landemore: Open Democracy, part 9

Chapter 7 of Open Democracy presents Hélène Landemore’s assessment of the constitution-writing process in Iceland that took place following the 2008 financial crisis. Landemore describes this process as “the first domino of the classic electoral democracy model to fall toward a more open democracy model at a national level”. This seems to me to be a highly over-optimistic assessment of the significance of the process. First, this process was a dud, its outcomes being eventually dismissed by the Icelandic parliament. But more importantly, this was conceived from the outset as a one-off process, not a fundamental change for how things are done. Furthermore, this one-off process dealt in very abstract subjects – phrasing articles of a constitution. By construction it was clear that would not be able to serve as template for the workings of anything like a sortition-based policy making body. The idea of radical democratization (by abolishing elections or at least creating a sortition-based co-equal chamber) was never on the agenda. Thus, the entire discussion in the chapter – and below in this post – should be understood in this light. This was not a momentous occasion whose outcomes did or could have affected how politics is done. The analysis is therefore mostly a theoretical exercise. (A detailed analysis of the workings of the French CCC – which dealt with setting practical policy – could be much more instructive in this sense.)

With this diminished significance, even a radically democratic process would hardly justify the notion that it would serve as a “first domino”. However, as the analysis below indicates, the process itself is far from living up to an aspiration as serving, if not as a template or a model of a democratic process, then at least as an inspiration. Landemore’s celebratory tone is wholly unwaranted.

As Landemore describes the Icelandic process, it had three innovative “open” aspects: the National Forum – an allotted body that met for one day and “established the main viewpoints and points of emphasis of the public concerning the organization of the country’s government and its constitution”, the assembly of amateurs – a body elected from among candidates that were not incumbent professional politicians and which was to draft a proposal for the constitution, and the crowdsourcing phase – an online platform on which the assembly of amateurs would post drafts of the constitution to which the public could post feedback comments on the platform itself or on social media platforms.
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Chevallier: The chic populism of participative democracy

A column by Arthur Chevallier in Le Point is yet another condemnation of the allotted committee monitoring the French vaccination campaign. The author sees the creation of the committee as a sign of weakness and hesitation. The government, he asserts, must act resolutely and dispose of attempts to over-communicate.

Chevallier is an editor at Passés composés and the author of the book “Napoléon et le Bonapartisme” published by Que sais-je ?.

The chic populism of participative democracy

Jan. 5, 2021

The allotment of 35 citizens to follow the vaccination campaign was aimed to be the perfect exercise in communication. It turned out to be the opposite.

Democracy is not about weakness. It is not about the promotion of amateurism. The creation of a committee of 35 allotted citizens which is supposed to follow the vaccination against Covid-19 invited mockery. What should have been proof of transparency turned into evidence of failure. If criticising the management of the crisis is less a matter of courage than of cynicism, since the matter is not as easy as it may seems, it is still necessary to denounce the unhealthy attempt to compensate for lack of efficacy by populism. Horizotalization of power is an illusion. Democracy did not gain its prominence by getting amateurs to run complex matters, but rather by its successes.

Without being aware of it, progressivism gives way to a stereotype of recationism. Since the 19th century, an ideology which may be called counter-revolutionary mocks democracy for being “feminie”, attaching to it labels such as the well-known “prostitute”, and hurling insults claiming that it is incapable of creating a powerful and harmonious state. History proves the opposite. Democracy is in fact quite often a radicalization of politics. In antiquity, Athens was at its height of power and imperialism at the 5th century BC, being its age where its democracy attained its most sophisticated form.
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Documentary: “Citizen Power: More Direct Democracy?”

Last week, a German documentary about their citizens’ assembly on “improving representative democracy,” which took place in Leipzig over two weekends in Sept. 2019, aired on MDR in Saxony and will air in other regions later. Bürger. Macht. – Mehr direkte Demokratie? is also available on YouTube in its entirety.

The film crew recorded the four days of deliberation at one of the 23 small group tables (table #20 I believe) in addition to the plenaries and the presentation of the “citizens’ recommendations” to parliamentary representatives two months later. The documentary profiled about half a dozen participants from different walks of life, interviewing them in their homes in the weeks following the Assembly. The facilitator at the table filmed was definitely one of the most experienced and probably one of the most effective, from my own observation of the event. That said, the particular group at each particular table was changed via lottery at the beginning of each day.

The style of the documentary is rather understated, and it does not take a position on the future role of CA’s, lotteries, or direct democracy–rather the polar opposite of a heavy handed Michael Moore film.

Of interest to Kleroterians might be the short “tutorial” about Athenian democracy at minute 19:00, a warning about the abuse of referenda during the NS era at 52:00, and the summary of the Irish Assembly at 1:03:30. A journalist hyper skeptical of citizens’ assemblies, lotteries, and “more participation” generally appears at 43:00 along with most of the talk he gave to the “Buergerrat” assembly. At 1:16:00, find drone footage of the installation art / performance “Democracy for Future” which took place on November 15, 2019 outside the Reichstag, shortly before participants from the Leipzig assembly (lot-based) and the regional conferences (self selected) met representatives from the six major parties in the Bundestag along with the Bundestag’s President in a half-day event.

As of now, I don’t know of subtitles other than in German, but will post here if that comes to my attention. Overall, I think the documentary does captures the overall mood of the assembly and what one of the better table discussions looked like.

Does anyone know of a similar documentary about either the Irish Assembly or the French Climate Convention, or any other recent CA for that matter?

What is a Majority?

My latest post discusses citizen juries from the perspective cognitive science. Starting with the argumentative theory of reason, I argue that final decision makers must be insulated from any requirement of justifying their decisions. This is precisely what juries do in trials: they apply a community standard, one that is inscrutable to advocates within the system, who operate on the basis of rules. The lack of such a function in democratic systems is an existential flaw that sortition must aim to correct.

Deliberative assemblies are finding their feet – but also facing political barriers

On Friday the 16th of October, the Hannah Arendt Center at Bard College hosted a webinar entitled ‘Revitalizing Democracy: Sortition, Citizen Power, and Spaces of Freedom’, which you can watch here. The workshop heavily featured people putting sortition into practice right now, and so the overall focus was very much on deliberative assemblies in advisory roles, rather than non-deliberative juries or lawmaking roles. If you’d rather not spend the whole day watching a videoconference, here’s the CliffsNotes:

David Van Reybrouck, who gave one of the keynotes, helped design the new citizens’ council and assembly system in the parliament of the German-speaking region of Belgium – an area with only 76 000 citizens, but devolved powers similar to Scotland’s. The system involves a permanent citizens’ council and temporary citizens’ assemblies, both selected by sortition, as well as a permanent secretary who acts as a sort of ombudsman for the system. The council sets the agenda for the assemblies, and chases up their conclusions in the regional parliament – essentially acting as an official lobby group for the assemblies’ recommendations. Politicians have to report back to the council a year after each assembly, setting out how they’ve acted on their recommendations and, if they’ve deviated from them, why. In this respect it is a major step forward in the institutionalisation of sortition. Under the Belgian constitution, however, sortitional bodies cannot be given legislative power, so the assemblies are restricted to an advisory role until and unless momentum can be built for a constitutional amendment.

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Today German Bundestag Live Committee Discussion of “Citizen Engagement” via Sortition

With the title, “A New Form of Citizen Participation,” a special subcommittee of the German Parliament [of the Bundestag or popular assembly] convenes a “technical discussion” of experts on October 6 at noon Berlin time on the upcoming citizens’ assembly on “the role of Germany in the world.” It will be live-streamed at http://www.bundestag.de.

“A lot-based Citizens Council will produce a report on Germany’s role in the world. This project will be implemented as an independent undertaking of the More Democracy association [Mehr Demokratie e. V.] under the patronage of the President of the Bundestag,” reads the announcement of the Bundestag.

It continues that this kind of participation has been practiced in Ireland since 2012 as “Citizens’ Assembly.” The ambassador of Ireland will be a special guest of the committee to report on the Irish experience with “citizens’ councils.” [In Germany the term Buergerrat or “citizen council” has come to mean an allotted body of either the size of a panel or an assembly; it seems, the literal translation of assembly has the connotation of an Ekklesia or gathering of all.]

  • Dr. Nicholas O’Brien, Ambassador from Ireland
  • Roman Huber, Executive Director, Mehr Demokratie e. V. [More Democracy]
  • Dr. Siri Hummel, Acting Director, Maecenata Institute for Philanthropy and Civil Society
  • Dr. Ansgar Klein, Managing Policy Director, Federal Network for Citizen Engagement, [Bundesnetzwerk Bürgerschaftliches Engagement (BBE)] Advisory Board of Bürgerrat Demokratie [the organization which organized the CA on democratic reform in 2019]
  • Univ.-Prof. Dr. Roland Lhotta, Helmut-Schmidt-Universität Hamburg, Professor, Political Science, specializing in the German Federal System

https://www.bundestag.de/dokumente/textarchiv/2020/kw41-pa-buergerschaftliches-engagement-793926

More info in English regarding the upcoming CA on Germany’s role in the world: https://deutschlands-rolle.buergerrat.de/english/

Mark Rice-Oxley: Should citizens assemblies be mandatory?

Mark Rice-Oxley, acting membership editor of The Guardian, wrote a short piece entitled “Should citizens assemblies be mandatory?” He is supportive of the idea, writing: “Last year, I went to a citizens’ assembly. It was one of the most optimistic moments of 2019 for me.” “Perhaps a stint or two on a citizens’ assembly should be mandatory, like jury service or driving tests.”